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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUKHVINDER KAUR
Suresh Kumar – Appellant
Versus
Mahender Singh – Respondent
JUDGMENT :
Sukhvinder Kaur, J.
The instant revision petition has been filed for setting aside the order dated 05.12.2024 (Annexure P-5) passed by the Additional District Judge, Rohtak vide which order dated 27.10.2023 (Annexure P-3) passed by the Civil Judge (JD), Rohtak has been set aside and application under Order 39 Rules 1 and 2 read with Section 151 CPC was allowed.
2. The brief facts relevant for the purpose of adjudication of the present revision petition are that the respondents/plaintiff filed a suit seeking relief of injunction alleging that he was co-sharer of agricultural land as detailed in para 1 of the plaint. Hari Om and others including present defendant filed case No.27NT/Partition on 15.04.2009 for partition of said agricultural land against Smt. Shakuntla and others including the present plaintiff and other co-sharers. Partition proceedings were decided by the Assistant Collector II Grade-cum-Tehsildar, Rohtak vide order dated 31.01.2023 and Sanad Taksim was accordingly approved. Plaintiff was allotted Khasra/Killa No.21/21/2(0-4), 26/1 (7-12), 2 (7-11), 8/2/1(6-4), 63/7/1 (7-4), 8/2 (4-13) total land measuring 33 kanal 8 marlas in the aforesaid partition procee
The court upheld the validity of prior partition proceedings and the rightful possession of the plaintiff, confirming injunction against the appellant's interference.
Co-owners cannot seek injunction against each other without proof of exclusive possession or detrimental acts; mere construction does not constitute ouster.
Principle applicable for deciding application made for amendment in pleadings remains no more res integra.
The main legal point established in the judgment is that land on the road should be divided amongst all the co-sharers in proportion to their share in the total land holding, as per the Haryana Land ....
A party cannot be added to a suit unless their presence is necessary for the proper adjudication of the matter, as per Order 1 Rule 10 of the CPC.
Consent orders binding parties must be honored unless evidence of fraud or misrepresentation is provided.
A co-sharer in possession of joint land cannot be restrained from construction on their area without an official partition, particularly if prior consent to construction exists.
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